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20121201
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Search Results 0 to 4 of about 5 (some duplicates have been removed)
. if it did that, that might result in what would essentially be the roe v. wade of gay rights. alex. >> taking up this prop 8 with california, would their ruling necessarily apply then only to california? >> that's possible. it's possible, because the appeals court ruling that comes to the supreme court was designed to apply only to california. what it said is once a state grants an essential right like this, it can't then take it away. remember in 2008 early in the year, this california supreme court permitted same-sex couples to get married, about 18,000 of them did. then prop 8 was passed in the general election putting a stop to it. so if the court just stops there, you're right. it would be a ruling that would apply only to california. if it decides to take that case and get to the constitutional question of whether any state for any reason can deny same-sex marriage couples the right to get married, then it would play nationwide. >> good to see you, pete. thank you. >> you bet. my pleasure. >> now the question of the day. what do you expect the supreme court to do on gay marri
by next summer that is groundbreaking for gay marriage rights as roe v. wade was for abortion in the 1970s, potentially at least after they agreed hear arguments on the defense of marriage act and proposition 8. justice correspondent pete williams joins me. pete, the fact that they took both of these cases, what is the significance from your analysis? >> well, it's the prop 8 case, andrea, that could be the biggy. it could be very narrow. the doma case has a very straight forward question. is it constitutional for a federal law to say that the government will not recognize marriages even when they're legal in the states, so that if married couples get married in the nine states where it's now legal, the federal government doesn't recognize those marriages. there's a question about whether that's unconstitutional discrimination, but if the supreme court does strike down doma, it doesn't say anything about whether the states must permit same-sex marriage, it only says if they do, the federal government must recognize them. so it's the proposition 8 case from california that potentially raise
of the same-sex marriage issue. that might result in what would essentially be the roe v. wade of gay rights. >> thanks for that. >>> back to you, molly. you were doing a big piece of this for "the atlantic" for next week. what did you find most interesting in your research thus far? >> the really amazing thing about this issue is how far public opinion has come in a relatively short time on the scale of sort of large-scale social change. when gallup recently polled public opinion on gay marriage, it had the support of 53% of the american public. back in 1996 that was 27%. and that was the atmosphere in which president clinton and the congress were passing the defense of marriage act. since then, every single appellate court that has considered it has ruled against it. that's something that advocates feel very confident about the supreme court going their way. on the proposition 8 case, advocates are a little bit more nervous. this is a conservative court. and if they do rule against proposition 8 and gay marriage in california, that would strike a blow against gay marriage that could last f
decider for the nation. >> it would be the roe v. wade of our generation. >> they have their critics. conservative legal analyst ed whalen. >> there's nothing in the constitution that remotely supports a right to same-sex marriage. >> and even some of those who agree with olson and boyce say that same-sex marriage should be left to the states. >> there are lots of skeptics out there who say that you're going too quickly here and you're asking the supreme court to do a pretty heavy lift. >> every civil rights struggle, there have always been people who have said you're moving too fast, the country is not ready for it. how many people in 1954 said the country is not ready for desegregation. >> everyone says this is the conservative court. why are you doing it now? >> everybody says ted is a conservative guy. there are lots of conservative people. it would be the idea that civil rights and human rights is exclusively a liberal preserve, i think it's flat wrong. >> their clients have faith their lawyers will win. will david and ted be at the wedding? >> they better be. >> they just might
Search Results 0 to 4 of about 5 (some duplicates have been removed)